Davis-Stirling requires HOAs to offer Internal Dispute Resolution (IDR, Civ Code §5900) and Alternative Dispute Resolution (ADR, Civ Code §5925) before most lawsuits. IDR is free and member-initiated; ADR is pre-litigation mediation.
Civil Code §5900-5920 establishes Internal Dispute Resolution (IDR): every HOA must have a written procedure for members to meet with the board or a board-designated representative to resolve disputes at no charge. The process is informal and non-binding. Civil Code §5925-5965 (Alternative Dispute Resolution, ADR) requires that before an HOA or member may file a lawsuit for enforcement of governing documents, one party must serve a Request for Resolution, and both parties must participate in mediation or arbitration if the other party accepts. Failure to offer ADR can result in the case being stayed. At the end of ADR, if no resolution, a Certificate of Completion is filed with the complaint. Specific exclusions: foreclosure actions, small claims court, cross-complaints. Enforcement actions for assessment collection follow separate Civ Code §5660 pre-lien dispute process.
Contact your local code enforcement office for specific penalty information.
See how other cities in Sacramento County handle dispute resolution.
See how Folsom's dispute resolution rules stack up against other locations.
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